Wolarich v. Van Kirk

Peter D. Wolarich, as assignee of the payee, instituted this action to recover on a check issued by Lloyd B. Van Kirk (who is the sole party defendant) in the amount of $2,200 upon which payment had been stopped. Defendant demurred to the complaint on three statutory grounds. Upon the overruling of his demurrer by the court, defendant answered admitting that he had stopped payment of the check, and denying certain other allegations of the complaint. He also set up three affirmative defenses: first, failure of consideration; second, that the plaintiff was never at any time an innocent…